L.P.1 v. A.S.

L.P.1 v. A.S.

Applicant did not show a material change in circumstances or the high threshold of undue hardship required to vary the August 30, 2001 consent support order; the consented support of $128.29/week remains payable; arrears are not cancelled but payment of arrears accumulated to April 30, 2003 is suspended until May 1,...

Source-derived case information.

Citation
2003 BCSC 411
Parties
Petitioner: L.P.1; Respondent: A.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 April 2003
Procedural Posture
Family Law Variation of Child Support Order (divorce) / In Chambers Application to Vary Quebec Superior Court Consent Order Dated August 30, 2001
Outcome
Application dismissed in part; obligation to pay child support under Quebec order continues; arrears not cancelled but suspended to May 1, 2004; FMEP enforcement measures and fees upheld.
Legal Topics
Variation of Support, Undue Hardship Under Child Support Guidelines, Arrears Cancellation and Suspension, Family Maintenance Enforcement Enforcement Measures
Source Language
english
Family Law Child Support Enforcement Variation of Support Undue Hardship Under Child Support Guidelines Arrears Cancellation and Suspension Family Maintenance Enforcement Enforcement Measures

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Parties

L.P.1

Petitioner

A.S.

Respondent

Procedural Posture

Family Law Variation of Child Support Order (divorce) / In Chambers Application to Vary Quebec Superior Court Consent Order Dated August 30, 2001

Legal Issues

  1. 1 Whether children over the age of majority remain "children of the marriage" for support purposes
  2. 2 Whether there has been a material change in circumstances since August 30, 2001 sufficient to vary a consent order (Divorce Act s.17(4))
  3. 3 Whether the applicant has established "undue hardship" under s.10 of the Child Support Guidelines

Ratio Decidendi

Applicant did not show a material change in circumstances or the high threshold of undue hardship required to vary the August 30, 2001 consent support order; the consented support of $128.29/week remains payable; arrears are not cancelled but payment of arrears accumulated to April 30, 2003 is suspended until May 1, 2004; FMEP enforcement measures, interest and default fees and the lien are authorized and not set aside.

Court Disposition

Application dismissed in part; obligation to pay child support under Quebec order continues; arrears not cancelled but suspended to May 1, 2004; FMEP enforcement measures and fees upheld.

Orders

  • Application to terminate obligation to pay child support dismissed; Quebec Superior Court order of August 30, 2001 remains in force
  • Application to cancel arrears dismissed; obligation to pay arrears accumulated to April 30, 2003 suspended until May 1, 2004